Customs Act 1901 - CEO Instrument of Approval No. 12 of 2012

Administered by Department of Home Affairs

Legislation au F2012L01760 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

CEO Instrument of Approval No. 12 of 2012

Customs Act 1901

Subsection 4A(1) of the Customs Act 1901 (the Act) defines an approved form as a form that is approved, by instrument in writing, by the Chief Executive Officer of Customs (CEO).  Subsection 4A(2) of the Act provides that the instrument by which a form is approved by the CEO under subsection 4A(1), is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.  Under paragraph 6(d) of the Legislative Instruments Act 2003, approved forms are legislative instruments.  

Background

Paragraphs 68(1)(d) to (i) of the Act list certain classes of goods which, if imported into Australia, are not required to be entered. Goods that are the accompanied personal or household effects of a passenger of a ship or an aircraft are such a class of goods (paragraph 68(1)(d) refers).  Despite being exempt from formal import entry requirements, subsection 71AAAB(1) of the Act provides that the owner of such goods must, in the circumstances specified in the regulations, provide, under section 71, the information specified in the regulations at the time and in the manner and form specified in the regulations. 

Regulation 41 of the Customs Regulations 1926 provides that if a Collector requires information under subsection 71AAAB(1) of the Act, then it must be provided in an approved form or an approved statement.

Instrument

CEO Instrument No. 12 of 2012 approves the "Incoming passenger card" form (No. 15 SPA (Design date 09/12)) as the approved form for the purposes of providing, in the Spanish language, information required under subsection 71AAAB(1) of the Act in relation to imported goods that are accompanied personal or household effects of a passenger of a ship or aircraft.  

The change from the previously approved "Incoming passenger card" form is a change to Question 2 to reflect the reduction of the duty free concession amount from 250 cigarettes or 250g of tobacco products to 50 cigarettes or 50g of tobacco products, which will take effect on 1 September 2012.

Consultation

Consultation was not required under section 17 of the Legislative Instruments Act 2003 as the instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

Commencement

The instrument commences on 1 September 2012.


Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

 

CEO Instrument of Approval No. 12 of 2012

 

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

 

 

Overview of the Legislative Instrument

 

CEO Instrument No. 12 of 2012 approves the "Incoming passenger card" form (No. 15 ARA (Design date 09/12)) as the approved form for the purposes of providing, in the Spanish language, information required under subsection 71AAAB(1) of the Act in relation to imported goods that are accompanied personal or household effects of a passenger of a ship or aircraft. 

 

This instrument replaces the previously approved incoming passenger card to reflect the reduction of the duty free concession amount from 250 cigarettes or 250g of tobacco products to 50 cigarettes or 50g of tobacco products, which will take effect on 1 September 2012.

 

 

Human Rights implications

 

The Incoming Passenger Card potentially raises implications in relation to the right to privacy contained in Article 17 of the International Covenant on Civil and Political Rights. However, for the reasons set out below, this legislative instrument does not engage, impact on, or limit in any way, the right to privacy.

 

The Incoming Passenger Card requires the passengers of incoming ships and aircraft to provide personal information including their name, date of birth, passport number and intended address in Australia. This personal information is used to administer Customs, quarantine, statistical, health, wildlife and currency laws of Australia and its collection is authorised by law. This law is precise and is reasonable in these circumstances.

 

The person from whom the information is collected is notified on the Incoming Passenger Card the purposes for which the information is collected and that the collection of the personal information is authorised by law. They are also notified of the agencies to whom the information will be disclosed, being agencies administering the above laws and those entitled to receive this information under Australian law. The Incoming Passenger Card also advises passengers of the availability of the leaflet titled “Safeguarding your personal information” for further information about their rights.

Further, the collection of personal information is protected under Australian Law and this instrument does not seek to disapply any of the existing protections.

 

 

Conclusion

 

This legislative instrument is compatible with human rights as it does not raise any human rights issues. 

 

 

 

Michael Carmody, Chief Executive Officer, Australian Customs and Border Protection Service

 

Overview

The Customs Act 1901 was enacted to provide a framework for the regulation of imports and exports in Australia, ensuring compliance with customs laws and facilitating the smooth movement of goods across borders. One of the key mechanisms under this Act is the approval of forms for the collection of necessary information from importers, which is overseen by the Chief Executive Officer of Customs (CEO). CEO Instrument No. 12 of 2012 is a legislative instrument that approves a specific form, the "Incoming passenger card" form, for use in collecting information from passengers entering Australia by ship or aircraft, particularly concerning their accompanied personal or household effects. This instrument was introduced to update the form in response to a reduction in the duty-free allowance for tobacco products, reflecting changes in regulations that took effect on 1 September 2012. The instrument was not subject to mandatory consultation as it is of a minor nature and does not substantially alter existing arrangements. The compatibility of this instrument with human rights was assessed, and it was concluded that it does not impact any human rights or freedoms, as the collection of personal information is authorised by law and necessary for administering various Australian laws.

Scope and Application

The Customs Act 1901, as amended and applied through CEO Instrument No. 12 of 2012, governs the approval of specific forms used for the declaration of personal or household effects accompanying passengers on ships or aircraft entering Australia. This legislation applies to passengers entering Australia, requiring them to provide information on their accompanied goods as per the regulations. The approved form, the "Incoming passenger card" in Spanish, is to be used for this purpose, replacing the previous form to reflect changes in duty-free allowances for tobacco products effective from 1 September 2012. The instrument does not require consultation as it is deemed minor and does not substantially alter existing arrangements. The approved form mandates the collection of personal information such as name, date of birth, passport number, and intended address in Australia, authorised for use in administering various Australian laws including Customs, quarantine, and health laws. The instrument ensures compliance with human rights by notifying passengers of the purposes for which their information is collected and the legal basis for this collection, along with the agencies that may receive this information. This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Key Provisions

CEO Instrument No. 12 of 2012, as detailed in the explanatory statement, serves to approve a specific form for the purposes of the Customs Act 1901. Under section 4A(1) of the Act, an approved form is one that is endorsed by the Chief Executive Officer of Customs (CEO). This particular instrument approves the "Incoming passenger card" form (No. 15 SPA (Design date 09/12)) for use in providing information in the Spanish language about imported goods that are personal or household effects of a passenger on a ship or aircraft. This approval is significant as it reflects changes in the duty-free concessions on tobacco products, reducing the allowable amount from 250 cigarettes or 250g of tobacco to 50 cigarettes or 50g, effective from 1 September 2012. The obligations imposed by this instrument are primarily on the passengers of incoming ships and aircraft who must provide certain personal information at the time and in the manner specified by regulation. This information is necessary to comply with Australian Customs, quarantine, statistical, health, wildlife, and currency laws. Regulation 41 of the Customs Regulations 1926 mandates that if a Collector requests information under subsection 71AAAB(1) of the Act, it must be provided in an approved form. The approved form, as per this instrument, must include updated details to reflect the new duty-free limits for tobacco products. Breaching the requirements of this instrument, such as failing to provide the required information in the approved form, could lead to administrative consequences. While the explanatory statement does not explicitly detail the penalties for non-compliance, under the broader scope of the Customs Act 1901, failure to provide necessary information can result in fines and potential legal action. The specific penalties for non-compliance would typically be outlined in related regulations or legislative provisions, which could include monetary fines or other enforcement actions as deemed necessary by the authorities. This instrument ensures that the approved form aligns with the legislative requirements and helps maintain compliance with Australian customs regulations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.